PIO is not obliged to compile information under the RTI Act
21 Oct, 2012
Background
The appellant claimed that SF5 was issued to him on the charge that he had torn some pages from the tally book and that last page showed that the book had two hundred pages. He stated that the tally book is now in the possession of vigilance branch since 2002. He filed an application under the Right to Information (RTI) Act with the Western Railway and wanted to know as to when the vigilance branch came to know that machine numbered pages of tally book have been torn; how many other tally books which are in the possession of the vigilance branch pages are missing and what are the page Nos.; what action had been initiated by the Vigilance branch once they came to know about the missing pages ; whether the pages of tally book were intact or torn when it was seized by the vigilance. He also wanted copy of the rule under which a vigilance case had been made against him when the pages of tally book were already torn – and not torn by him. The Public Information Officer (PIO) denied the information stating that it did not fall under the definition of information as given under section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.
Proceeding
During the hearing before the Central Information Commission (CIC), the respondent submitted that there are three or four tally books but they do not know how many pages were torn. For rest of the information the respondent stated that information sought is not available on record.
View of CIC
The Central Information Commission (CIC) observed that since the information is not available with the public authority the same cannot be provided. The CIC directed the PIO to invite the appellant to inspect the tally books so that he can compile the information as to how many other tally books which are in the possession of the vigilance branch pages are missing and what are the page nos. The Commission also held that the appellant knows very well that the charges against him are that he had torn the pages of the tally book and that this information falls outside the ambit of section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.
Citation: Mr. S.K.Verma v. Western Railway in File No: CIC/AD/A/2012/001678
RTI Citation : RTIFI/2012/CIC/746
Click here to view original RTI order of Court / Information Commission